Opinion
2012-12-27
The PEOPLE of the State of New York, Respondent, v. Jonel BEAUVAIS, Appellant.
Alexander Lesyk, Norwood, for appellant. Derek P. Champagne, District Attorney, Malone (Glenn MacNeill of counsel), for respondent.
Alexander Lesyk, Norwood, for appellant. Derek P. Champagne, District Attorney, Malone (Glenn MacNeill of counsel), for respondent.
Before: PETERS, P.J., SPAIN, KAVANAGH, McCARTHY and EGAN JR., JJ.
EGAN JR., J.
Appeal from a judgment of the County Court of Franklin County (Main Jr., J.), rendered May 9, 2011, which revoked defendant's probation and imposed a sentence of imprisonment.
Defendant pleaded guilty to criminal possession of marihuana in the first degree and, in January 2007, was sentenced to five years of probation. The terms of defendant's probation included, insofar as is relevant here, a directive that she refrain from “violat[ing] any state, federal or municipal laws.” Following her participation in a home invasion, defendant was indicted and charged with burglary in the first degree, assault in the third degree and criminal mischief in the third degree. At the conclusion of the ensuing jury trial, defendant was convicted of all counts.
County Court thereafter conducted a violation of probation hearing, during the course of which the court took judicial noticeof, among other things, defendant's recent criminal conviction. As a result, defendant was found to have violated the terms of her probation, and she thereafter was sentenced to 2 1/2 years in prison followed by two years of postrelease supervision. This appeal ensued.
We affirm. To the extent that defendant contends that the asserted delay in issuing the declaration of delinquency deprived her of a prompt hearing ( seeCPL 410.30, 410.70[1] ), her failure to raise this issue at the violation hearing renders it unpreserved for our review ( see People v. Mills, 45 A.D.3d 892, 894, 844 N.Y.S.2d 492 [2007],lv. denied9 N.Y.3d 1036, 852 N.Y.S.2d 22, 881 N.E.2d 1209 [2008];People v. Williams, 19 A.D.3d 868, 869, 797 N.Y.S.2d 611 [2005] ). Turning to the merits, the People bore the burden of proving—by a preponderance of the evidence—that defendant violated a condition of her probation ( seeCPL 470.10[3]; People v. Hunter, 62 A.D.3d 1207, 1208, 879 N.Y.S.2d 626 [2009] ). A court may, as County Court did here, take judicial notice of its own prior proceedings ( see People v. Byrd, 57 A.D.3d 442, 443, 870 N.Y.S.2d 284 [2008],lv. dismissed and denied12 N.Y.3d 795, 879 N.Y.S.2d 41, 906 N.E.2d 1075 [2009] ), and defendant's underlying criminal conviction was more than sufficient to establish that she violated a condition of her probation ( seeCPL 410.10[2]; People v. Minard, 161 A.D.2d 607, 607, 555 N.Y.S.2d 182 [1990],lv. denied76 N.Y.2d 861, 560 N.Y.S.2d 1001, 561 N.E.2d 901 [1990] ). Defendant's remaining contentions, to the extent not specifically addressed, have been examined and found to be lacking in merit.
ORDERED that the judgment is affirmed.